Republic of the Philippines

HOUSING AND LAND USE REGULATORY BOARD

Region 10
Cagayan de Oro City

CHERRY E. LAO, Case No. ________________

Complainant,

- versus -

THE LOOP LIMKET KAI,

COMMUNITIES (CAGAYAN), INC.,
Respondents,
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COMPLAINT

COMES NOW, complainant, by counsel, and unto this Honorable Board,

most respectfully alleges:

1. Thant complainant is of legal age, Filipino, single, and with address at Prime
Sites Advertising, 2nd Floor, Grand Central Building, Pabayo corner Hayes
Streets, Cagayan de Oro City, while respondents are domestic corporations
with address at Rosario Arcade, Limketkai Drive, Limketkai Center, Lapasan,
Cagayan de Oro city, where they may respectively be served with summons
and other processes;

2. That on May 5, 2014, in Cagayan de Oro City, complainant purchased by

way of installments a unit of The Loop Condominiums, more particularly
described as Unit 18, 24th Floor, The Loop, Limketkai Center, Lapasan,
Cagayan de Oro City, with a Reservation Fee of PhP30,000.00 and monthly
payments of PhP11,751.00, which were paid starting May 2014 up to
November 2014;

3. That there was a guarantee and express assurance of the respondents that
the purchased unit will be ready for occupancy in the year 2018 and that
the construction will start on January 2015. However, up to this date, there
has been no construction yet and the Temporary License to Sell of
respondents has already expired after the second extension;
4. That there is already a clear breach of warranty, a clear breach of contract,
and a clear violation of the rights of the complainant as an innocent
purchaser for value and in good faith;

5. That there is no other remedy in law than for complainant to consider the
contract as voided and cancelled and she is just praying for the return of he
money, plus interests and legal costs;

6. That the entire payments made by complainant to respondents now total

PhP112,257.00, consisting of the accumulated monthly payments of
PhP82,257.00, and the Reservation Fee of PhP30,000.00, plus legal interest
of 1% per month from May 5, 2014 until paid, and Attorney’s Fees of
PhP100,000.00, and Moral Damages which complainant will prove in this
case, amounting to at least PhP300,000.00.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Board that Judgment issue in favor of complainant and against
respondents ordering respondents to pay to complainant the following
sums:

a. PhP112,257.00 for payments to be refunded;

b. PhP100,000.00 as Attorney’s Fees
c. Legal interest of 1% per month from May 2014 up to the time of actual
payment;
d. PhP300,000.00 as Moral Damages;
e. Costs of suit.

OTHRE RELIEFS just and equitable are likewise prayed for.

Cagayan de Oro City, July 31, 2015.

ALEJANDRO JOSE C. PALLUGNA

PALLUGNA PALLUGNA QUIMPO LAW OFFICES
Borromeo Bldg., Tomasaco 14th Sts.
Macasandig, Cagayan de Oro City
Attorney’s Roll No. 37984
IBP No. 945231 (Dec. 23, 2013) CDO
PTR No. 2322462 (Dec. 23, 2013) CDO
MCLE Comp No. IV - 0023697 (July 1, 2014)
Cagayan de Oro City